CASE DIGEST: NICARIO vs. NLRC. G.R. No. 125340. September 17, 1998

FACTS:

Petitioner was employed with respondent company as a sales girl and was later on promoted as sales supervisor in 1986. However, the company terminated her services in 1989. Petitioner filed with NLRC a complaint for illegal dismissal with prayer for backwages,wage differential, service incentive leave, overtime pay, 13th month pay and unpaid wages. NLRC issued its resolution in favor of her except granting her award for overtime pay. NLRC relied its resolution on the photocopied DTR's presented by respondent corporation which is found to be unreliable.

ISSUE:

Whether petitioner is entitled to overtime pay.

RULING:

Yes, it is a well settled doctrine, that if doubts exist between the evidence presented by the employer and the employee, the scales of justice must be titled in favor of the latter. It is a time-honored rule that in controversies between a laborer and his master, doubts reasonably arising from the evidence, or in the interpretation of agreements and writing should be in former's favor.

This rule should be applied in the case at bar, especially since the evidence presented by the company is not convincing.